In Charles Dickens’s Oliver Twist, Mr. Bumble, when informed that the law places him in charge of his wife, responded by saying, “If the law supposes that, the law is an ass–an idiot.”
While listening to yesterday’s Hugh Hewitt radio program on podcast, that thought came to mind. The whole show was rightfully focused on Wednesday’s mob assault on the capitol. Hewitt’s justified and unequivocal condemnation of the rioters is founded on a bedrock of our civilization: the rule of law. But what happens when the “’law is an ass”, like the recently contrived 2020 edicts governing our elections?
The fact is, law has not always been a bulwark against injustice. We are flawed – past and present and future – and it shows in our laws. In the 19th century, we had a Fugitive Slave Law. After federal troops withdrew from the former Confederacy in the 1870’s, we saw the imposition of other laws in the form of Jim Crow. Other laws are being proposed to advance abortion even after birth in some cases. We can have the “rule of law” and also have wholesale barbarity.
Incidentally, early 20th century Germany was fastidious about cloaking their actions in law. When their invasion of Belgium in 1914 faced scattered resistance among the Belgian population, the German general staff issued general orders to conduct reprisals. Almost 24,000 civilians were killed, many of them executed. Towns and cities were put to the torch such as the beautiful university town of Leuven. All were justified in German law. As long as there is a law, so they reasoned, all is excused as proper. It’s a concept that would reach full flower in the Holocaust.
See, the law can be used to hide great evil. But that’s not the end of it.
Not all law should be lumped with those monstrosities. Laws clearly tied to the protection of life and property are absolutely required to avoid Hobbes’s warning of life outside the law being “solitary, nasty, brutish, and short”. Wednesday’s rioters should be pursued for prosecution, as should the Antifa and BLM mobs of this past summer.
Though, we must realize that there is an important difference between Wednesday’s and this past summer’s crimes. Wednesday was a singular incident; Antifa and BLM are long-running insurrectionary movements. Broad cynicism develops when powerful voices condemn one and excuse the other. Cynicism is a corrosive element for any republic, as it was for the Roman Republic of antiquity.
Cynicism about our basic institutions appears to be running at a fever pitch. The excuse-making for the summer’s riots, the blatant hypocrisy about them and the pandemic decrees, the wholesale destruction of many people’s futures in the lockdowns and school closures, and the pandemic being used to construct a third world-style election system contributed to the enflamed passions. Such elections engender disrespect for the results when the bulk are mail-in votes (over 60%, even more in certain states). It’s enough for an impulsive president to cry “foul” and his followers to storm the capitol building.
The election processes were an “ass”, and the “rule of law” provides cover for it. We should be able to condemn Wednesday’s thugs and admit that massive mail-in voting was a huge mistake. I suspect that the Dems will accept the former but push the latter (mail-in voting) into federal law. It’s part of their well-established campaign to nearly eliminate vote verification and election integrity. Expect more of this anger, or apathy as people drop out of the system because of a lack of faith in it. Either way, we would be in danger of repeating the demise of the Roman Republic.
Many of our laws are “asses”, and so might be the people authoring them.
RogerG
** Also on my Facebook page.